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PRESIDENTIAL DECREE NO. 1414
PRESIDENTIAL DECREE NO. 1414 -
FURTHER DEFINING THE POWERS, FUNCTIONS AND DUTIES OF THE OFFICE OF THE
PRESIDENTIAL ASSISTANT ON NATIONAL MINORITIES AND FOR OTHER PURPOSES
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WHEREAS,
the Constitution mandates that the State shall consider the customs,
traditions, beliefs and interests of national minorities in the
formulation and implementation of State policies;chanroblesvirtualawlibrary
WHEREAS, it is the policy of government to extend to the national
minorities equality in stature, dignity and opportunity with all other
citizens;chanroblesvirtualawlibrary
WHEREAS, the Presidential Assistant on National Minorities has been
actively involved for many years in this continuing endeavor.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and make as part of the law of the land the following measure:cralaw:red
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the State to integrate into the mainstream
of Philippine society certain ethnic groups who seek full integration
into the larger community, and at the same time protect the rights of
those who wish to preserve their original lifeways beside that larger
community.
Section 2. National Minorities Defined. — For
purposes of this Decree, the term National Minorities shall apply to
the non-Muslim hill tribes referred to under Presidential Decree No.
719 and other non-Muslim national minorities whether referred to as
National Cultural Minorities or Cultural Communities under other laws.
Section 3. Powers, Functions and Duties. —
Implementation of the above-stated policy is hereby vested in the
Office of the Presidential Assistant on National Minorities,
hereinafter referred to as PANAMIN, under the Office of the President,
which shall act for and in behalf of the President in all matters
pertaining to National Minorities and shall have the following powers,
functions and duties:cralaw:red
(a) Perform the powers, functions and duties provided
under Presidential Decree No. 719, incorporating the pertinent
provisions of Republic Act No. 1888 as amended;chanroblesvirtualawlibrary
(b) Establish and maintain ethnographic research
centers and museums as may be necessary for the purpose of preserving
artifacts and other evidences of the lifeways of National Minorities;chanroblesvirtualawlibrary
(c) Design, implement and maintain settlements and
development projects among the National Minorities in furtherance of
the herein declared policy of government;chanroblesvirtualawlibrary
(d) Act as the agency through which National
Minorities can seek government as well as private assistance and serve
as the instrumentality through which assistance from both the
government and the private sector, local as well as foreign, may be
given to the National Minorities. For this purpose, PANAMIN is hereby
authorized to give grants-in-aid out of its appropriation or other
funds from whatever source to cooperating government agencies, tribal
groups and/or private organizations formed or existing for the benefit
and welfare of National Minorities for whatever activities or programs
which are in line with PANAMIN's basic objectives; chanroblesvirtualawlibrary
(e) Provide legal assistance of whatever nature,
medicald, relief and any all other forms of help to the National
Minorities;chanroblesvirtualawlibrary
(f) Undertake action projects as may be necessary to
attain the objectives of this Decree;chanroblesvirtualawlibrary
(g) Conduct, jointly with the Bureau of Forest
Development, inspection of areas covered by applications for licenses,
leases or permits, granted under the Revised Forestry Code
(Presidential Decree No. 705) in provinces and cities which, according
to the latest official population census, are inhabited by National
Minorities with the objectives of determining the extent to which the
said licenses, permits or lease applications affect the rights of
National Minorities resident therein, and on the basis of said
inspection, to issue certification of such findings. No such license,
permit or lease shall be granted without such prior inspection being
made and without the issuance of a certification by PANAMIN that no
member of the National Minorities actually occupies or possess or has a
claim to all or a portion of the area applied for. In cases where only
portion/s of the areas applied for are in the occupation or possession
or claimed by members of National Minorities, such portion/s shall be
excluded or deemed excluded;chanroblesvirtualawlibrary
(h) Enter, subject to the approval of the President
of the Philippines on behalf of the Republic of the Philippines, into
such contracts, agreements or arrangements, with the government or
private agencies as may be necessary to attain the objectives of
PANAMIN; chanroblesvirtualawlibrary
(i) Accept grants, donations, gifts, funds, and/or
property for the benefit of the National Minorities in whatever form
and from whatever source, domestic or foreign, and administer the same
in accordance with the terms thereof, or in the absence of any
condition, to administer the same in such manner as PANAMIN may
determine for the benefit of the National Minorities;chanroblesvirtualawlibrary
(j) Initiate eminent domain proceedings in pursuance
of thems and purposes of this Decree;chanroblesvirtualawlibrary
(k) Perform such other functions and duties vital to
national interest and security as may be assigned by the President of
the Philippines.
Section 4. Presidential Assistant. — The PANAMIN
shall be headed by a Presidential Assistant who shall be of cabinet
rank and who shall be entitled to all privileges and prerogatives of a
regular member of the Cabinet. chanroblesvirtualawlibrary
Section 5. Organization Structure of PANAMIN. — The
Presidential Assistant shall determine the organization structure of
PANAMIN in such manner as would best carry out its powers, functions
and duties and attain the objectives of this Decree. He shall organize
the PANAMIN and appoint, discipline and/or remove, and determine the
compensation and allowances of its personnel, Provided, that, positions
which are highly technical policy determining or primarily
confidential, as may be declared by the Presidential Assistant, shall
not be subject to the rules and regulations of the Office of
Compensation and Position Classification. The PANAMIN shall have such
consultants and other experts as may be needed, who may be drawn from
the private sector by appointment or on contractual basis or from
government agencies or instrumentalities on detail or through other
arrangements, whose compensation, allowances or honoraria shall be
fixed by the Presidential Assistant. The Presidential Assistant may
appoint tribal chieftains, members of tribal councils, and other tribal
leaders as well as other deserving minorities without the requisite
civil service eligibility when in his opinion the welfare and interest
of the National Minorities and of the government will be best served
thereby.
Section 6. Certification of Minorities. — The PANAMIN
shall have the exclusive authority to issue certifications attesting to
bona fide membership in a tribal or ethno-linguistic group considered
as National Minorities within the purview of this Decree for purposes
of establishing qualifications for appointments in government and for
other benefits as provided by law.
Section 7. Appropriations. — PANAMIN shall receive an
annual lump sum appropriation in such amounts as may be sufficient to
finance its operation and its programs, projects and activities. chanroblesvirtualawlibrary
Section 8. Repeal of Inconsistent Laws. — All laws,
orders, proclamations, rules, regulations, or parts thereof which are
inconsistent with any provisions of this Decree, are hereby repealed or
modified accordingly.
Section 9. Separability Clause. — Any portion or
provision of this Decree that may be declared unconstitutional shall
not have the effect of nullifying the other provisions thereof,
Provided, that, such remaining portions can still stand and be given
effect in their entirely to accomplish the objectives of this Decree.
Section 10. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 9th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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